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BLAW > Quiz 3 > Flashcards

Quiz 3 Flashcards

1
Q

Intentional Tort: Assault

A

Threatening words or acts

No physical contact necessary

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2
Q

Intentional Tort: Battery

A

Completion of Assault

Physical contact

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3
Q

Intentional Tort: Defamation

A

False Statement of Fact
Oral breach: Slander
Printed/Media breach: Libel

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4
Q

To establish Defamation:

A
  1. False statement of fact made
  2. Statement harmed reputation
  3. Statement published to one other person
  4. If plaintiff is a public figure, actual malice needs to be proved
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5
Q

Damages for Libel:

A

Compensation for things like humiliation and emotional distress

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6
Q

Damages for Slander:

A

Economic Loss needs to be proved

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7
Q

Exception for damages for slander:

A

Slander per se: no proof of damages necessary when the statement involves something like a serious crime

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8
Q

Defenses to defamation:

A
  1. The truth

2. Absence of Malice (for public figures)

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9
Q

Intentional Tort: Trespass to Land

A

Occurs when someone:

  1. Enters land
  2. Causes something to enter land
  3. Remains after being asked to leave

Harm to land isn’t necessary

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10
Q

Reasonable Duty of Care

A

Landowner must warn about dangers that aren’t apparent, like guard dogs

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11
Q

Attractive nuisance doctrine

A

Landowners may be liable for objects that attract children, like swing sets

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12
Q

Defenses to Trespass

A
  1. Trespass is necessary to assist someone in danger

2. Trespasser is a licensee like national grid

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13
Q

Intentional Tort: Trespass to personal property

A

Interference with someone’s personal property without consent

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14
Q

Types of trespass to personal property:

A
  1. Conversion: permanently deprive owner of their property
  2. Failure to return goods: don’t give back property that was borrowed
  3. Disparagement of Property: think of defamation, it’s basically defamatory statements about someone’s property that injure them economically
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15
Q

Intentional Tort: Wrongful interference with a Business Relationship

A
  1. There’s an established business relationship
  2. Defendant uses predatory methods to end relationship
  3. Plaintiff suffers damages
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16
Q

Negligence

A

Failure to live up to a required duty of care

Intent not required, only creation of risk/harm

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17
Q

For Negligence, Plaintiff must prove:

A
  1. Duty: defendant owed plaintiff a duty of care
  2. Breach: defendant breached duty of care
  3. Causation in Fact: “But for” test
  4. Proximate Cause: there needs to be a strong enough connection between the negligent act and the injury caused
  5. Compensatory Damages: reimbursement for actual losses
  6. Punitive Damages: punish tortfeasor and deter others
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18
Q

Defenses to Negligence

A
  1. Assumption of Risk: plaintiff new risk and engaged in act anyways (like if they signed a waiver)
  2. Superseding Cause: something happens that breaks the causal connection between act and injury
  3. Contributory Negligence: If plaintiff caused their injury in any way, they can’t recover
  4. Comparative Negligence: apportions damages
    Pure: plaintiff recovers even if their liability is greater than defendant
    50% Rule: plaintiff recovers only of their liability is less than 50%
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19
Q

Negligence Per Se

A

Defendant breeches a safety statue meant to protect plaintiff (lack of smoke detector)

20
Q

How do you win a Products Liability Lawsuit?

A
  1. Negligence: Manufacturer fails to exercise reasonable standard of care in making the product
  2. Fraudulent Misrepresentation: fraud made knowingly or with reckless disregard
  3. Strict Liability: holds manufacturers, sellers, and lessors liable for results of their acts, regardless of intentions or exercise of reasonable duty of care
21
Q

Requirements for Strict Liability

A
  1. Product defective when sold
  2. Defendant’s in the business of selling the product (can’t be something you bought at a garage sale)
  3. Product is unreasonably dangerous
  4. Plaintiff harmed physically
  5. Defective product caused the harm
  6. Product hasn’t been changed since it was bought
22
Q

Who can recover in products liability lawsuits?

A

Basically anyone affected by the product

23
Q

What makes a product unreasonably dangerous under Strict Liability?

A
  1. Manufacturing Defects: product is safe as designed, but there’s a manufacturing mistake that makes it dangerous
  2. Design Defects: product is dangerous as designed, even if it’s manufactured correctly
  3. Inadequate Warnings: defective based on inadequate warnings
    Foreseeable Misuse: if misuse is foreseeable, warnings required
    Obvious Risks: you don’t need to warn from obvious risks
24
Q

Crimes of Theft: Burglary

A

Entering a building to commit a felony

Aggravated burglary when deadly weapon is used Or when the building entered is a dwelling

25
Q

Crimes of Theft: Larceny

A

Wrongfully taking someone’s property with the intent to not give it back

26
Q

Crimes of Theft: Obtaining goods by false pretenses

A

Theft involving trickery or fraud

27
Q

Crimes of Theft: Robbery

A

Using force or threat to take someone’s property

Aggravated robbery when a deadly weapon is used

28
Q

Cybercrime: cyber fraud

A

Fraud committed over the internet

29
Q

Cybercrime: Cyber Theft

A

Stealing data stored in computer

  1. Identity Theft
  2. Phishing: Criminal uses e-mail to trick people into giving private info
  3. Vishing: phishing, but over the phone instead
30
Q

Cybercrime: Hacking

A

Use one computer to break into another

31
Q

Cybercrime: Cyberterrorism

A

Using a computer to damage or threaten a critical network system

32
Q

White Collar Crime: Embezzlement

A

Taking money you were entrusted to handle

33
Q

While Collar Crime: Mail and Wire Fraud

A

Uses US mail or internet to defraud the public

34
Q

White collar crime: Bribery

A

Offering to give someone something of value to influence them in some way that serves a private interest

35
Q

White collar crime: Bankruptcy Fraud

A

Evading effect of federal bankruptcy law

36
Q

White collar crime: insider trading

A

Buying/selling publicly traded securities based on knowledge not available to the public

37
Q

White collar crime: theft of trade secrets

A

Buying/possessing another’s trade secrets and without their authorization

38
Q

Organized Crime: money laundering

A

Engaging in financial transactions that conceal the identity of illegally gained funds and run them through a legit business

39
Q

Organized Crime: Racketeering

A

Using a business to commit illegal acts

RICO says that if someone commits two or more RICO offenses, they’re guilty of racketeering

40
Q

Defenses to criminal liability: Justifiable use of force

A

Self defense

Deadly force can’t be used to protect property

41
Q

Defenses to criminal liability: Necessity

A

Criminal act necessary to prevent greater harm

42
Q

Defenses to criminal liability: insanity

A

Defendant incapable of the state of mind required to commit a crime

43
Q

Defenses to criminal liability: mistake

A

Mistake of fact that negates mental state necessary to commit a crime, like taking someone’s backpack that you thought was yours

44
Q

Defenses to criminal liability: Duress

A

Wrongful threat induced defendant to commit a crime they wouldn’t have otherwise committed

Not a defense to murder

Defendant must believe they’re in immediate danger

45
Q

Defenses to criminal liability: Entrapment

A

Defendant induced by a public official to commit a crime they wouldn’t have otherwise committed

46
Q

Defenses to criminal liability: statute of limitations

A

Prosecution must be brought within a specific period of years after the crime’s committed

47
Q

Defenses to criminal liability: Immunity

A

Allows defendant not to be prosecuted in exchange for information

BLAW (5 decks)

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